1997 INSC 0543
                                                  Anamika Chawla

                                                           Vs

                                       Metropolitan Magistrate and Others

                                       Writ Petition (Crl.) No. 432 of 1995

                                         (K. S. Paripoornan, S. C. Sen JJ)

                                                      01.05.1997

                                                        ORDER

1. This case arises out of alleged ill-treatment of Mrs. Anamika Chawla by her husband and his
father. The case is going on since 29-7-1995. Smt. Anamika Chawla came up against the order
passed by the Metropolitan Magistrate on 29-7-1995 ordering her to be admitted to Delhi Psychiatry
Centre, 35, Defence Enclave, Vikas Marg, New Delhi, for observation and treatment. This order
was passed with undue haste even without seeing the alleged patient. Medical certificates were
produced from Dr. Sunil Mittal and Dr. S. C. Malik. The case of the petitioner, Mrs. Chawla, is that
neither of the two doctors had ever met her examined her. The allegation appears to be true.

2. When the application was moved by Mrs. Anamika Chawla, she was staying in Guild of Service
Hostel in New Delhi. The warden of the hostel appeared in person and stated that she found Mrs.
Chawla's behaviour normal. She was on friendly terms with the other inmates of the hostel. It was
also recorded in the order of this Court held on 3-8-1993 that this Court had personally questioned
the petitioner and had not noticed any mental aberration but since the medical certificates had been
produced before the Magistrate, we wanted to examine the case in greater detail.

3. The case has gone on for a number of days. We heard the doctors and examined the reports, heard
all the parties. Mrs. Chawla has appeared before us personally on a number of days. We have
spoken to her on all these days. We have not noticed the slightest abnormality in her behaviour.

4. We tried to bring about a reconciliation between the husband and wife but unfortunately no
reconciliation could be brought about. The parties were directed to undergo counselling which has
gone on for some time. We have seen records sent by the counsellor. We are of the view that no
useful purpose will be served by prolonging this case any further.

5. We hold that there was no basis for passing the impugned order dated 29-7-1995 by the
Metropolitan Magistrate. The order is quashed. The writ petition filed in this Court by Anamika
Chawla is disposed of finally as above. There will be no order as to costs.